THE MARKET LADDER, LLC, provides trading ideas and stock market commentary, through its website, www.themarketladder.com.  By accessing any content of The Market Ladder, LLC, the “Site”, you, whether you are a member, Subscriber, or any other type of user, acknowledge that you have read and understood the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Use/Disclaimer”, and agree to be bound by them as well as all applicable laws and regulations :

1. No Financial Advice

The Market Ladder, LLC, is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner.  Trading in the stock market is risky and always includes the risk of significant loss. You bear responsibility for your own investment research and investment decisions. The information provided on The Market Ladder is for informational purposes only, general in nature, not specific to any individual use, and not intended as investment advice, as an offer, or solicitation of an offer to buy or sell, or as a recommendation of any security, company, or fund. The Market Ladders' trade ideas / setups are neither guaranteed, nor to be construed as investment advice.  You should seek the advice of a qualified and registered securities professional and undertake your own due diligence before using the Sites’ information to make an investment decision. The Market Ladder is not responsible for any investment decisions made by you.

2. Risk Disclosure

There is always a substantial amount of risk in trading securities, and the possibility exists that you could lose a significant amount of your money, possibly all. The Market Ladder does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment. The securities mentioned on this Site may not be suitable for investors depending on their specific investment objectives and financial condition. The information and charts provided by The Market Ladder, including but not limited to its opinion and analyses, is based on financial indicators and models believed to be generally reliable but are not guaranteed, represented, or warranted to be accurate or complete.  There are no guarantees associated with any forecast and the opinions stated in this Site.  Any trade ideas / setups, signals, forecasts, and/or products or services, provided by The Market Ladder only express our opinion.  It is important to note, that at times, our opinion will be wrong due to the limitations of technical analysis.  Any investment analysis, whether fundamental, technical or any other form, can not accurately predict the future market conditions. Your use of any information from the Site is at your own risk.

3. Disclosure Policy

The Market Ladder’s affiliates, or associates, and/or its employees, may hold positions in securities that are described in the Site. Their affiliation or relationship to The Market Ladder, or its Subscribers shall in no way limit the positions they may hold, or when they may hold them.

4. Backtesting and Past Performance

Theoretical buy and sell methods were tested against the past to prove the profitability of those methods, as they would have worked in the past. Backtesting theories to gain confidence may or may not provide accurate forecasts. The information from this Site is typically the result of backtesting, and is therefore merely hypothetical.  Performance generated through backtesting has many and possibly serious limitations.

Additionally, Past performance is no guarantee of future performance. There may be substantial, even extreme, differences between historical performance and future performance.  The Market Ladder does not claim or warrant that its trade ideas/ setups, forecasts, opinions, analyses, are consistent, logical or free from hindsight or other bias.

5. Subscription, Cancellations, and Refunds

You may cancel your subscription at any time, by either using the provisions on the site, or by notifying us by email. In either event your recurring Subscription will be canceled and Stripe will be instructed to cancel future Subscription Payments. "Monthly Subscribers" will not be entitled to any refund however, your subscription will remain active until the end of the period you have paid.  "Annual Subscribers" will be entitled to a pro-rated refund of all full months remaining in their subscription at the time of cancellation, minus Stripe payment processing fees.

Notice of Downtime

The site will be scheduled down during two periods of (2) weeks each per year, and you will receive notice via e-mail, and/or "The Ladder's Post" at least fourteen (14) days in advance of these scheduled downtime periods.  The site will also be down from time to time for website maintenance, site improvements, and/or unexpected disruptions.  

There will times when market conditions do not warrant swing trading setups, and therefore we can not provide trading ideas / setups on a regular basis.

We are not responsible for delays or interruptions in transmission of information due to acts of God, man-made or natural causes, whether said delays result from problems with Internet connectivity, or by slowdowns of Internet transmittal or otherwise.

Becoming a Paying Subscriber

On becoming a Member/Subscriber your credit card will be immediately charged with the Subscription Amount. YOU ARE PROVIDING YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.  Stripe, or possibly other payment processsors, will automatically debit your credit card on the monthly/yearly anniversary of your Subscription Date until the Subscription is terminated by you.  You are responsible for cancelling the membership to stop future charges against your credit card.

You have 30 days from the date that your credit card is charged to notify the Company of any Incorrect Charges to your account. Charges to your account will be deemed final after expiration of the 30 day period. Incorrect Charges are amounts that differ from our indicated Subscription Amount at the time of the Subscription Date, or duplicate charges.

Upgrade policy

Sorry, there is no "Upgrade Policy."  Any Monthly Members wishing to switch to Annual Membership, should let their Monthly Membership expire, and re-join under the "Annual Membership."

Cancellation Policy

Your Subscription will be canceled if, for any reason, the billing of your recurring Subscription Amount fails.

If The Market Ladder needs to terminate its service,  all attempts will be made to give members notification 4 weeks in advance via email, and/or "The Ladder's Post."  (However, if an emergency occured to the Chief Market Technician, this advance notice may not be possible.)  Upon termination of the Site, members that are on an Annual Membership will be entitled to a pro-rated refund of any fees paid for any full months remaining in their subscription, minus Stripe payment processing fees.  Monthly Members will not be entitled to any refunds.

Refund Policy

No refunds are given for the Monthly Memberships.  

Annual Memberships will receive pro rated refunds based on full months remaining in their accounts at the time of cancellation, minus applicable Stripe cancellation fees.

6. Privacy

Your submission of personal information through this site is governed by our Privacy Policy. To view our Privacy Policy.

7. Grants of Rights, Subscription Access, Use of the Site's Content and Requirements

Subject to the limitations set out in this Agreement, The Market Ladder grants you a non-exclusive, non-transferable right to access and use the Site for the duration of the membership within the “fair use” provisions of the Copyright Act. You agree that you will not use the Site in any way that will violate any international, national, state or local law, or regulation. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a Subscriber / Member.

Additionally, As a Subscriber / Member, You:

1. Are solely responsible for protecting the confidentiality of your password and User I.D. You must not transfer, or “loan”, or sell your Login ID and password assigned to you in any manner whatsoever.
2. Must maintain complete and accurate information about yourself.
3. The Site contains, or provides access to information, including financial market information, and, but not limited to, design, text, graphics, images, financial analysis and research, other financial market data, and other material, video clips, trade ideas / setups, collectively known as the “Content.”  All such “Content” on the Site is copyrighted as a collective work of the The Market Ladder and pursuant to applicable copyright laws.  You must not use the Site’s Information to any manner to share, sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute, without The Market Ladder’s prior written consent. You may download or copy the Content only for your own personal use, the publishing of any such Content, in whole, or in part, as your own work is strictly forbidden.

8. User Submissions

If you provide to the Site any feedback (such as questions, comments, suggestions, or the like) or data or materials (known as “User Submissions”), such User Submissions shall be deemed to be non-confidential and non-proprietary. Additionally, The Market Ladder shall have no obligation of any kind with respect to such User Submissions and shall be free to use, reproduce, and/or display the User Submissions to others without limitation.

9. Trademarks

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the “Trademarks”) displayed on this Site or on content available through this Site are registered and unregistered trademarks of the Company and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on this Site, if any, are the property of their respective Trademark owner. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on this website is strictly prohibited.

10. Disclaimer of Warranties; Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE MARKET LADDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE THE MARKET LADDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MARKET LADDER DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IF THE MARKET LADDER IS FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING FROM THE SERVICES OR CONTENT OR USABILITY OF THE SITE, THE SUM TOTAL OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THE MEMBER DURING THE MONTH IN WHICH THE EVENT CAUSING SUCH LIABILITY OCCURRED.

Some States do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers will be limited to the greatest extent permitted by law. 

11. Indemnification

You agree to indemnify, defend and hold harmless the The Market Ladder and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. The Market Ladder reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the The Market Ladder’s defense of such claim.

12. Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by The Market Ladder or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Legalinc Corporate Services Inc., [7319 Mint Hill Rd, Suite 1, #2764 Mint Hill, NC 28227]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

13. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof).

15. Survival

Rights and obligations under this Agreement which by their nature are intended to survive termination, including without limitation the indemnification, warranty disclaimers and liability limitations provisions set forth in this Terms of Use/Disclaimer, shall remain in full effect after termination or expiration of the Agreement.

16. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. Governing Law

By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and The Market Ladder.

18. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19. For US Residents Only

 The Service Is Intended for U.S. Residents Only The Service is aimed at and published for individuals residing in the United States. The Market Ladder, LLC, makes no representation that the materials provided, and actions taken by the Service are appropriate for users outside the United States or permitted under the laws of other jurisdictions. If you choose to access or use the Service from a location other than the United States, you do so at your own initiative and risk, and you bear full responsibility for compliance with any applicable local laws.

20.  Contact Information

Questions about the Terms of Service should be sent to us at info@themarketladder.com

Revised as of 12/10/2023